File Ref. #195
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Via Hand Delivery
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April 14, 2000
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Mr. Lawrence Levy
City Manager
City of Miami Beach
1700 Convention Center Drive, 4th Floor
Miami Beach, Florida 33139
Dear Mr. Levy:
Enclosed please find the proposed agreement by and among the City of Miami
Beach Fire Department, Police Department, and Yacht Club at Portofino, Ltd.
pursuant to the Portofino Alternative DRI Development Order Condition #7.A.21
(copy attached for your convenience).
After reviewing the enclosed, please call me to discuss at (305) 532-2519.
Thank you.
Enclosures
cc: Christina Cuervo (via hand delivery)
Murray Dubbin, Esq. (via hand delivery)
Robert Parcher (via hand delivery)
Janet Gavarrete (via hand delivery)
Alex Rolandelli (via hand delivery)
Joyce Bronson (via hand delivery)
404 WASHINGTON AVENUE, SUITE 120, MIAMI BEACH, FLORIDA 33139 USA
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EXHIBIT "B"
Agenda hem R5F 4c
AL TER~A TIVE PORTOFINO DR! DEVELOPMEi'll ORDER
ORDINANCE NO. 98-3121
AN ORDINANCE OF THE l'vl<\.YOR AND CITY
COi\1MlSSION OF THE CITY OF MIAMI BEACH, FLORIDA,
AMENDING THE DEVELOPMEi'l ORDER FOR THE
MIAMI BEACH MARINA DEVELOPMENT OF REGIONAL
IMPACT WHICH WAS APPROVED BY RESOLUTION NO.
75-14762; PROVIDING FOR RENAMING OF THOSE
PORTIONS OF THE ML.\MI BEACH MARINA DRI
LEGALLY DESCRIBED ON EXHIBIT "A" TO BE KNOWN
AS THE ALTERNATIVE MIAMI BEACH lvlARINA DRI;
PROVIDING FOR RENA.1\1ING OF THOSE PORTIONS OF
THE MIAMI BEACH MARINA DRI LEGALLY DESCRIBED
ON EXHIBITS fiB". AND "C" TO BE KNOWN AS THE
"ALTERNATIVE PORTOFINO DRI" AND ISSUING A
SEPAR<\.TE DR! DEVELOPMENT ORDER FOR SUCH
LA.1'ffi; PROVIDING FOR TR6u~SMITT AL TO THE SOUTH
FLORIDA REGIONAL PLA.~N1NG COUN:CIL ~'\jD THE
FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS;
PROVIDING FOR RECORDATION IN THE PUBLIC
(
RECORDS OF D.illE CO~lY, FLORIDA; PROVIDING
_ FOR A REPEALER AND AN EFFECTIVE DATE.
WHEREAS, on July 16, 1975, the Mayor and City Commission of the City of Miami Beach
. pursuant to Resolution 75-14762 approved a development order for the Miami Beach Marina
. .
Development of Regional Impact affecting properties legally described on Exhibits "A" and lOB" ;
and
WHEREAS, those portions of the Miami Beach Marina DRJ-Iegally described on Exhibit
"A" are owned and are to be developed by the City of Miami Beach; and
WHEREAS, the propertY legally described on Exhibit "B" , together with the lands legally
described on Exhibit "C" are to be owned and developed by the Portofino Entities (as such entities
are identified in the Portofino DR! Alternative ADA) as the Portofino DR!; and
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WHEREAS, the properties legally described on Exhibits "A" , lOB" and "C" are or will be
In separate ov.-nership, are at different stages of development and are amenable to being severed from
one another so as to create two separate and distinct developments of regional impact; and-
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Agenda Item R5F 4c
final plan must be found sufficient by the reviewing agencies and must
address the reconunendations provided by the reviewing agencies.
THE CITY SHALL:
21. Prior to the issuance of any Certificate of Occupancy, execute an agreement
with the City of Miami Beach Fire and Police Departments to ensure the
adequate provision of fire and police protection services.
22.
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24.
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26.
27.
28.
29.
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Prior to the issuance of a Certificate of Occupancy, meet the City's local
concurrency requirements for infrastructure to serve the project.
Review project landscape plans to ensure compliance with City Ordinance
#89-2665, Section 8, as may be amended, as required by Section 7 A.5. of this
development order; and that xeriscape principles are utilized in such
landscape plans, as practicable.
Monitor site development to ensure that exotic plant species are removed.
Withhold the issuance of any building permits until the Hazardous Materials
Management Plan required in Section 7 .A.13. of this development order is
submitted to DERM, PDEP, SPWMD, and the SFRPC.
Limit primary project vehicle access points to the off-site roadway network
to the number and locations shown in Exhibit "H."
Withhold issuance of the first residential building permit ~d subsequent
applicable permits, until compliance with Section 7.A. 7. of this development
order, has been confirmed by the Dade County School Board.
.
Withhold issuance of building permits, ~ess ~c peak hour trip thresholds
are in compliance with Section 7.A.9. and the improvements required
pursuant to Section 7 .A.l O. have been constructed as required.
Withhold the issuance of Certificates of Occupancy until agreements have
been executed ~s.tween the Applicant and the City of Miami Beach Fire and
Police Depanments. ensuring the adequate provision of services as a required
condition.
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AGREEMENT
THIS AGREEMENT ("Agreement") is entered into this _th day of April, 2000, by and
between YACHT CLUB AT PORTOFINO, LTD. ("Owner") and CITY OF MIAMI BEACH
("City").
RECIT ALS
WHEREAS, Owner is the owner of that property within the City of Miami Beach
located at 90 Alton Road and legally described as follows:
Lots 9 through 14 inclusive, and the Northwesterly 20 feet of Lot 8, the
Southeasterly line of said 20 feet being parallel to the common line between Lots
8 and 9, in Block 111, of "OCEAN BEACH ADDITION NO.3," according to the
Plat thereof as recorded in Plat Book 2, at Page 81, in the Public Records of
Miami-Dade County, Florida, together with the accretions thereto.
WHEREAS, on April 15, 1998, the Mayor and City Commission of the City of Miami
Beach, Florida, pursuant to Ordinance No. 98-3121, approved the Alternative Porto fino DR!
Development Order (the "Order"); and
WHEREAS, this Agreement satisfies conditions numbers 21 and 29 of the Order, which
relate to the provision of fire and police protection services; and
NOW, THEREFORE, in reliance upon the true and correct recitals stated above, and in
consideration of ten ($10) dollars, receipt of which is acknolwedged, each party herein, on its
own behalf, and on behalf of the individuals or entities specifically noted or referred to herein,
stipulate and agree both individually or collectively as follows:
1. Recitals. The recitals set forth above are true and correct incorporated herein, and
form an integral part of this Agreement.
2. Adequate Provision of Services. The City agrees to ensure the adequate provision
of fire and police protection services to the subject property.
3. Issuance of Certificate of Occupancy. The City agrees that the execution of this
Agreement, shall satisfy conditions 21 and 29 of the Order sufficient for the issuance of a
Certificate of Occupancy and the Owner will be entitled to apply for and receive such Certificate
of Occupancy in accordance with the City's land development regulations and the South Florida
Building Code.
4. Counterparts. This agreement may be executed in counterparts.
IN WITNESS WHEREOF, the parties have added their signatures effective as of the
date first set forth the above.
WITNESSES:
Print Name:
Print Name:
Print Name:
Print Name:
(As to the City)
By: YACHT CLUB AT PORTOFINO, LTD.,
a Florida limited partnership;
By: TRG-YCP, Ltd., a Florida limited
partnership, its General Partner
By: TRG- YCP, Inc., a Florida
corporation, its General Partner
By:
, President
(CORPORATE SEAL)
THE CITY OF MIAMI BEACH, a Florida
municipal corporation
By:
Print Name: Lawrence Levy
City Manager
By:
Print Name:
City of Miami Beach Fire Department
By:
Print Name:
City of Miami Beach Police Department
2
STATE OF FLORIDA )
COUNTY OF MIAMI-DADE )
THE FOREGOING INSTRUMENT, was acknowledged before me this _ day of
, 2000, by , as President of TRG-YCP, Inc., as the
general partner of TRG-YCP, Ltd., the general partner of Yacht Club at Portofino, Ltd., on
behalf of said corporation and partnership, who is ( ) personally known to me or ( ) produced a
Florida driver's license as identification.
NOTARY PUBLIC STATE OF FLORIDA
My Commission Expires.
(NOTARIAL SEAL)
STATE OF FLORIDA
COUNTY OF MIAMI-DADE
)
)
THE FOREGOING INSTRUMENT, was acknowledged before me this _ day of
, 2000, by LAWRENCE LEVY, City Manager of the CITY OF MIAMI
BEACH, on behalf of the City, who is ( ) personally known to me or ( ) produced a Florida
driver's license as identification.
NOTARY PUBLIC STATE OF FLORIDA
My Commission Expires.
,
(NOTARIAL SEAL)
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STATE OF FLORIDA )
COUNTY OF MIAMI-DADE )
THE FOREGOING INSTRUMENT, was acknowledged before me this _ day of
, 2000, by , Fire Department of the CITY OF MIAMI
BEACH, on behalf of the City, who is ( ) personally known to me or ( ) produced a Florida
driver's license as identification.
NOTARY PUBLIC STATE OF FLORIDA
My Commission Expires.
(NOTARIAL SEAL)
STATE OF FLORIDA
COUNTY OF MIAMI-DADE
)
)
THE FOREGOING INSTRUMENT, was acknowledged before me this _ day of
, 2000, by , Police Department of the CITY OF
MIAMI BEACH, on behalf of the City, who is ( ) personally known to me or ( ) produced a
Florida driver's license as identification.
NOTARY PUBLIC STATE OF FLORIDA
My Commission Expires.
(NOTARIAL SEAL)
MIAMIIKRlSCHERNI 13280Il_@2pOI'.DOC/4/14/00
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